Adjudication

Adjudication is a form of alternative dispute resolution which is particular to the Construction Industry.  It was introduced with a view to improving cash flow in the industry by providing a shortened form of dispute resolution with parties able to achieve a temporarily binding decision within 28 days.

Standard forms of construction contracts generally contain specific provisions for resolution of disputes by way of arbitration and/or litigation.  Adjudication is an alternative to these formal processes and cannot be contracted out of provided the contract between the parties is a construction contract in writing.

Our construction team are regularly involved in adjudications both as referring and responding parties.  Our experience includes disputes from payment and interim/final accounting to complex disputes concerning defective works.  In the construction industry in particular time is money and we are able to give our clients practical advice on the appropriate form of dispute resolution to the dispute in hand.  A dispute arising from a construction contract can be referred to adjudication at any time throughout or indeed after the completion of the works.  It is undoubtedly an important tool for resolving interim disputes quickly allowing parties to concentrate on the works themselves and proceed with their contractual relationship.

Whilst an adjudication decision is temporarily binding on occasion parties may need to take steps to enforce an award in their favour.  We act in court actions for enforcement both as a result of awards we have achieved and on behalf of third parties.

Lisa Dromgoole is our principal contact for queries regarding adjudication.